Trabalhadoras domésticas no Brasil: uma análise sobre a evolução legislativa e os avanços promovidos pela emenda constitucional nº 72/2013

Abstract

The present study deals with paid domestic work in Brazil and has an interdisciplinary character, considering historical, sociological and juridical aspects that involve the theme. Focusing on the changes brought about by the recent Constitutional Amendment No. 72 of 2013, we intend to understand how the domestic labor market behaved in the face of the new regulatory paradigm. Known as the "domestic PEC", EC 72/2013 required regulation by Complementary Law 150 of June 1, 2015. These standards significantly increased the role of the rights and guarantees provided in the Brazilian legal system for the category of paid domestic workers . Not to be omitted from the analysis of the formation of the labor society in Brazil, the study also addresses the gender factor that permeates the domestic labor market segment, in order to understand the reasons for undervaluation and social and legislative segregation that only collaborated to aggravate the secular social inequality in Brazil. Considering that domestic service is basically carried out by women, it is evident that they are more vulnerable to violations of rights and abuses. As Brazil is a developing country, with a history of a shortage of formal employment, the domestic workforce presents itself as an important alternative of income, which absorbs a significant portion of the national female labor force. On the legal side, the rules on domestic work in Brazil, from the first norms up to the 1988 Constitution, with EC 72 and LC 150/2015, were analyzed in a summary table and the Convention 189 of the ILO was debated. decent domestic work, and rights that have not yet been implemented. The recent labor reform approved by Law 13467/17 and the perspectives for the new configuration of domestic work were also analyzed in this study.